2002 (12) TMI 382 - AT - Customs

Tribunal overturns Commissioner's order on redemption fine, finding equipment exempt from customs duty

SMIT INTERNATIONAL SINGAPORE P. LTD. Versus COMMR. OF CUS. (PORT), KOLKATA

SMIT INTERNATIONAL SINGAPORE P. LTD. Versus COMMR. OF CUS. (PORT), KOLKATA - 2003 (154) E.L.T. 139 (Tri. - Kolkata) Issues Involved:1. Customs duty exemption for salvage equipment.2. Filing of Bills of Entry for imported salvage equipment.3. Imposition of customs duty and penalties.4. Confiscation of equipment and vessels.5. Jurisdiction and authority of the Commissioner in remand proceedings.Detailed Analysis:1. Customs Duty Exemption for Salvage Equipment:The appellant, a Dutch company, was engaged for salvage operations after a Greek firm failed to perform. The appellant sought customs duty exemption similar to that granted to the Greek firm. Although the Central Board of Excise & Customs (CBEC) and Customs authorities at Calcutta did not explicitly deny the exemption, the equipment was brought in and used for salvage operations without formal exemption confirmation.2. Filing of Bills of Entry for Imported Salvage Equipment:Enquiries by the Special Investigation Branch revealed that no Bills of Entry were initially filed for the equipment and machinery brought in for salvage operations. However, the appellants later sought permission to file the Bills of Entry, which was granted by the Customs authorities, condoning the delay. Bills of Entry were subsequently filed, and the equipment was inspected by Customs Officers.3. Imposition of Customs Duty and Penalties:A Show Cause Notice was issued alleging non-payment of customs duty on imported goods, proposing confiscation of vessels and equipment, and imposing penalties under Section 112(a) and/or (b) of the Customs Act. The Commissioner's initial order confirmed a duty liability of Rs. 42,71,471/- on consumables and Rs. 1,95,556.65 on a mechanical grab, with penalties imposed on the appellant and associated parties.4. Confiscation of Equipment and Vessels:The Commissioner's adjudication order on remand dropped the duty demand but held that old and used equipment and machinery were imported without specific import licenses, thus liable for confiscation under Section 111(d) of the Customs Act. A redemption fine of Rs. 40 lakhs was imposed in lieu of confiscation, with additional penalties on the appellant and associated parties.5. Jurisdiction and Authority of the Commissioner in Remand Proceedings:The Tribunal found that the Commissioner exceeded his jurisdiction in the remand proceedings. The remand was limited to reconsidering the dutiability of consumables and the mechanical grab, not to traverse beyond these issues. The Commissioner's imposition of a redemption fine and penalties was beyond the scope of the remand and thus invalid.Conclusion:The Tribunal set aside the Commissioner's order, noting several key points:- The Commissioner had no authority to impose a redemption fine of Rs. 40 lakhs in the remand proceedings.- The consumables and mechanical grab were part of the ship stores and exempt from customs duty under Section 86(1) of the Customs Act.- The equipment and machinery were exempt from import license requirements as ship stores under the Foreign Trade (Exemption from Application of Rules in Certain Cases) Order, 1993.- The appellant had filed the necessary Bills of Entry, and the equipment was re-exported with proper Customs clearance.- The penalties imposed under Section 112(a) were unsustainable as the goods were not liable for confiscation.The appeal was allowed, and the order of the Commissioner was set aside.